NHC.Guard.Services.Justification.(07-MAR-2019).pdf

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Source Selection Information – see FAR 2.101 and 3.104

SOLE SOURCE JUSTIFICATION

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901)

Purchase Request Number: NWWX8000-19-00032

1. Agency and contracting activity. Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD) and National Weather Service (NWS) National Centers for Environmental Prediction (NCEP) National Hurricane Center (NHC).

2. Nature and/or description of the action being approved.

This is a sole source justification for a follow-on requirement to contract WC-133W-14-CN-0141.

NOAA intends to award a firm-fixed-price (FFP) type contract to the incumbent contractor, Florida International University (FIU).

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

The requirement is to provide unarmed security guard services to the NHC located in Miami, FL on the Florida International University (FIU) campus. The NHC requires law enforcement and security services to be provided at the facility twenty-four (24) hours a day, seven (7) days a week, and 365 days a year. Law enforcement and security services include a requirement for law enforcement services such as:

• Detaining suspects in accordance with Florida and City of Miami laws;

• Defending critical assets and personnel from attack;

• Preventing and controlling entrance to the facility to only authorized individuals;

• Staffing and completing identification checks at fixed posts within the facility;

• Issuing visitor badges for non-NOAA personnel or non-NOAA contractors when appropriate;

• Maintaining visitor logs;

• Patrolling the facility;

• Responding to spectrum of challenges to security ranging from individual assault to coordinated attack by organized, determined adversaries;

• Coordinating evacuation and assisting with other appropriate law and order activities required for NOAA employees, contractors, and other members of the public in hazardous or other emergency situations;

• Coordinating and monitoring security and fire systems;

• Responding to any Civil Disturbance of Criminal Acts to the facility;

• Documenting and submitting appropriate Incident Reports for accidents, fires, unlawful acts, and other building incidents that affect the security and protection of the facility and its occupants.

The services that FIU university police shall perform are considered to be commercial services as defined in FAR Part 2.101. The total estimated capacity of the FFP contract is $1,721,444.00 (approximately $334,288.80 per year) for a five-year period of performance, including one (1)

Purchase Request No. NWWX8000-19-00032

Source Selection Information – see FAR 2.101 and 3.104 twelve (12)-month base year and four (4) 12-month option years, anticipated to commence in the third quarter of Fiscal Year (FY) 2019.

4. Statutory authority permitting the sole source (including brand name) acquisition.

41 U.S.C. 1901, using SAP up to $7M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

41 U.S.C. 1903, using SAP up to $13M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Only one source – Only one source (FIU) is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

a. The NHC facility is located on 3.7 acres on the FIU campus and consists of two (2) buildings and 2 parking areas for privately owned vehicles and one (1) parking area for government-owned vehicles. The perimeter is partially fenced with access onto the property presently controlled by two entrance gates, one at the south parking lot, one at the north parking lot. There are approximately 30 to 50 employees working at the NHC each day. The NHC is classified as a Tier 3 national center and as such requires full-time guard services 24 hours a day, 7 days per week, and 365 days per year.

b. FIU, as an agency of the State of Florida, derives its authority and responsibility for operating its campus from Florida Statutes section 1012.97 (2018). With this authority, the state legislature has empowered and directed the University to provide for police officers to maintain the peace and enforce the law on any property or facility located on the University campus or under its guidance, supervision, regulation or control. The University Police Department is the unit responsible for FIU, and therefore any security service must be provided by the FIU University Police Department.

c. Due to the Government’s interest in complying with Florida state law, FIU is the only responsible source available to fulfill this requirement.

d. FIU has performed work of a similar scope for NOAA under previously issued sole source contracts WC-133W-14-CN-0141 and WC-1330-10-CN-0100.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Should Florida law be revised in the future to no longer mandate the requirement of university police on university grounds, the Government shall consider competing the effort. Additionally if at some time in the future the NHC facility is relocated off-campus, the Government shall also open this requirement to competition. At this time, there is no discussion as to whether the NHC may relocate at a future date due to having a long-term lease agreement with FIU.

Pending approval of this Justification, a combined synopsis/solicitation will be published to FBO. In accordance with FAR 5.207(c)(15), the FBO posting will identify the intended source (FIU) and

Purchase Request No. NWWX8000-19-00032

Source Selection Information – see FAR 2.101 and 3.104 shall include a statement of the reason justifying the lack of competition. Any responses received as a result of this FBO posting will be considered as appropriate and included in the official contract file.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on a comparison of proposed prices to historical prices paid for identical services under the current contract and the previous contract. The prices on the aforementioned contracts were analyzed and determined fair and reasonable.

Prior to award of the proposed contract, a price/cost analysis will be performed and documented in accordance with FAR 13.106-3(a)(2) to sufficiently determine that the cost of the proposed acquisition to the Government will be fair and reasonable, by comparing the prices quoted by FIU to the prices awarded under the previous contract and other, similar historical requirements (if necessary). A review of the general labor rates against other similar vendors (e.g. GSA's 246-54 Schedule) in Florida may also be utilized for comparison purposes.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

No additional market research was conducted. As previously noted, Florida law authorizes FIU to provide the necessary guard services to the NHC. FLA. STAT. § 1012.97 (2018).

9. Any other facts supporting the use of a sole source (including brand name), such as:

As per FAR 13.501(a)(1), sole source acquisitions conducted under simplified acquisition procedures are exempt from the requirements in FAR Part 6. In accordance with FAR 13.501(a)(1), paragraphs (ii) and (iii), this sole source justification is prepared using the format at FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with the authority of 41 U.S.C. 1901, and this Justification shall be made publicly available within 14 days after contract award as required by FAR 6.305(a).

10. List of the sources that expressed a written interest in the acquisition.

As stated in Paragraph (6) above, a combined synopsis/solicitation also serving as a Notice of Intent will be published to FBO pending approval of this Justification. Any responses received as a result of the FBO posting will be considered as appropriate and included in the official contract file.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

No additional steps can be taken to foster competition due to the law enacted by the Florida legislature limiting FIU to provide law enforcement and security services to the NHC facility located on its campus. Until the Florida law changes or the facility moves to a non-campus location, the Government shall be unable to compete the effort in the future.

Select Year: 2018 Go

The 2018 Florida Statutes

Title XLVIII

K-20 EDUCATION CODE

Chapter 1012

PERSONNEL

View Entire Chapter

1012.97 University police.—

(1) Each university is empowered and directed to provide for police officers for the university, and such police officers shall hereafter be known and designated as the “university police.”

(2) The university police are declared to be law enforcement officers of the state and conservators of the peace and have the right to arrest, in accordance with the laws of this state, any person for violation of state law or applicable county or city ordinances when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the state university, a direct-support organization of such university, or any other organization controlled by the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s.

23.1225(1). Arrest may be made off campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement. Such officers have full authority to bear arms in the performance of their duties and to execute search warrants within their territorial jurisdiction. University police, when requested by the sheriff or local police authority, may serve subpoenas or other legal process and may make arrest of any person against whom a warrant has been issued or any charge has been made of violation of federal or state laws or county or city ordinances.

(3) University police shall promptly deliver all persons arrested and charged with a felony to the sheriff of the county within which the university is located, and all persons arrested and charged with misdemeanors shall be delivered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the university is located.

(4) University police must meet the minimum standards established by the Criminal Justice Standards and Training Commission and chapter 943. Each police officer shall, before entering into the performance of his or her duties, take the oath of office as established by the university; and the university may obtain and approve a bond on each officer, payable to the Governor and his or her successors in office, conditioned on the faithful performance of the duties of such university police officer. The university may determine the amount of the bond. In determining the amount of the bond, the university may consider the amount of money or property likely to be in the custody of the officer at any one time. The university shall provide a uniform set of identification credentials for each university police officer.

(5) In performance of any of the powers, duties, and functions authorized by law or this section, university police shall have the same rights, protections, and immunities afforded other peace or law enforcement officers.

(6) The university, in concurrence with the Department of Law Enforcement, shall adopt rules, including, but not limited to, the appointment, employment, and removal of university police and, Page 1 of 2Statutes & Constitution :View Statutes : Online Sunshine

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JOFOC Attachment 1 - Florida Statutes section 1012.97 (2018) -further, establish in writing a policy manual, including, but not limited to, routine and emergency law enforcement situations. A policy manual shall be furnished to each university police officer.

History.—s. 787, ch. 2002-387; s. 3, ch. 2009-216.

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